The incident occurred on Dec. 7, 2011, as Abba Preston was traveling on CR 2025. Preston claims that she was traveling in a lawful and safe manner when defendant Ronald Clark turned his 18 wheeler into her lane. Preston was unable to avoid the collision, the suit states.

Defendant Clark was cited for failing yield the right-of-way, according to the suit.

The defendants are accused of negligence for failing to keep a proper lookout, traveling too fast, operating the vehicle at an unsafe and unreasonable speed, failing to timely apply the brakes, failing to maintain his vehicle within a single lane, violating provisions of the Federal Motor Carrier Safety Regulation, failing to yield the right-of-way, failing to control his vehicle, for driving while fatigued or impaired, failing to avoid the collision and for driving in excess of the maximum hours allowed under federal regulations.